The Sun. — London, England, 1809-11-24 00:00:00

testimony would be founded in truth. and be in direct con tradidion to what had been sworn against me. Under such • circumstances the verdid was obtained. 'There only remains for me now. before my God and my country, to declare, that it wag obtained by pe , ivry atv:e ; and I do pledge myself to ikrove the lad the earliest opportunity the law will allow me to do to. Anxiously, therefore, do I look forward to that period; and I,trust that till then the' public will suspend their judgment upon the case." Now, the Attorney-General said, that this letter was not true, for that Colonel Wardle did not ear nestly intreat his Counsel in writing to call these witnesses, for that he left his Counsel to their own discretion, whether they would call Major Dodd and the other witnesses or not, of which there was the best prcof that could be given, from an incident which happened w hile Mr. Serjeant Best was ad dressing the Jot vin behalf of Wardle. He, the Attorney-General, leaned towards Mr. Park to learn whether any.. witnesses were to be called for the Defendant or not ; when Mr. Park said he knew not what to do—lie had no opportunity ot• con suiting with Mr. Serjeant Best, while he was-ad dressing the Jury ; and he Mr. Park, had been lett to his own discretion, as well as Mr. Serjeant Best, whether they should call witnesses or not. But now Colonel Wardle would have it be be lieved, that he did give these positive directions to his Counsel which be did not, and he affected to have been surprised by the verdid•and by the evidence, when there was no foundation for any such surprise ; and it the Court were now sitting in judgment upon Colonel Wardle upon a charge of perjury, upon the affidavit which he had made in the support of the application for a new rial, such was the state of the fads, that the Court would find it difficult to declare that Colonel Wardle ought to' be acquitted of that ,offence.--.. The Attorney-General then took a view of the whole of the evidence in this cage, and declared, that such was the state of the case, that notwiths standing the boasting of Colonel Wardle of what he would do, Mr. Wright and his witness looked for ward with eagerness to the trial for a conspiracy, and were confident of an acquittal ;-- so confident, that they desired him, notwithstanding the advantage it might give to Colonel Wardle to state the whole of their affidavits made in opposition to this rule. The Court held, that the stating of the affidavits made in a civil cause, by those who were Delend • ants in criminal suit e arising out of one and the same set of transitions, would be bringing the par ties improeerly into jeopardy, and creating a clanger- , us precedent; and there held that these affidavits should not be read. Mr. Serjeant BEST then entered upon the case in support of the rule, and made a long and very able speech to sheer the necessity of a new trial being granted in this cause. He said that the ground on which he had put this case was, that the verdict: had been obtained by evidence of which the Defendant could not be aware, and therefore it was a star prise upon him ; and that in consequence of what was sworn at the trial, and upon which the verdid was founded, the Defendant was led to seek, and had the good fortune to find, much new matter in evidence, such as if h had been offered at the trial, the verdict would have been for the Defendant. He thanked the Attorney General, .for the handsome manner in which he had spoken of the Counsel for Colono Wardle, the condua of whose case had been en trusted to him ; and, as to the idea of positive instruttions to call witnesses on behalf of Colonel Wardle, he had to declare, for hinter:lf, that he had received no such instructions, nor did he believe that either of the Learned Counsel who were with him in the cansee had received any such in struCtions. Had he teceived any such instructions, be should hate followed them at all hazards; but be had been left by Colonel Wardle to his own dis cretion, and although he knew that Major. Dodd could have contradided Mrs. Clarke and Mr. Da niel Wfight, vet it appeared to hint to be rashness to call Major Dodd to be confronted with two wit nesses, and two such witnesses as Mrs. Clarke, without being aware that there was any other wit ness to support Major Dodd's testimony. But now there was an abundance of evidence to support it. He then referred to the affidavits of Major Dodd, Mr. Glennie, Mr. Kirk, and Sir Richard Phillips. He then proceeded to maintain that there would be a failure of justice, if there, should not be a new trial granted in this cause ; for that Mrs. Clarke and Daniel Wright had been materially contradicted by the affidavits to which he had referred, and on which this rule for a new trial had been ob tained. it would be a singular thing if it should turn out eventually that these parties should be convicted of the conspiracy with which they stood charged, and at the same time, this new trial should be refused, for, in that casee e Mr. Wright would be- convicted of having obtained a verdict by conspiracy, and been allowed, to keep , in his pocket the money, althatgli convicted in a crime by his endeavour to obtain it. He main tained that upon the whole of the affidavits, it was manifest that credit was given, in the first instance, by Wright to Mrs. Clarke, and that charging Colonel Wardle with the debt, was an after-thought ; and if credit had been given to Mrs. Clarke at first, it was impossible to charge .Colonel Wardle in the second instance, because it he had undertaken, as clearly as he had not, that undertaking would have been .void by the 6:acute of Frauds. The pressure of this point was .felt at the trial, and therefore they hit upon the expedient of saying, that the first goods which, had been sent in by Wright to furnish the house of Mts. Clarke, before it was pretended that Colonel Wardle ever saw Mrs. Clarke, were not sold, but sent in upon hire; and upon this Mrs. Clarke and Daniel Wright were at variance in their evi dence—tile one saying that they were never sold, but remained upon hire ; the other saying that they were upon hire at first, but that they w ere afterwards included in the goods for sale.— The Learned Serjeant then reminded the Court of the manner in which Mrs. Clarke had at first sworn at the trial, that she became acquaint ed with Colonel Wardle in the autumn, which autumn she defined to be the months of Septem b,:r and Odober ; but being reminded of the letter of a person of the name of Mac Allatu to tier, as the means by which she became acquainted With Coi. Wardle, and which letter was not written nntil the :tti 01 Noveniber, she corrected herself; and so it stood as a thing im?ossible that Wright should have trusted Col. Wardle in the first instance, for many of the goods bad been sent in before that time. If the rules of the Court were such, that a new trial could not be granted in this case, because Colonel Wardle should have made his defence before the Jury, upon all-the grounds on . Which he moved for the new trial, Colonel Wardle must submit to pay the 10501 . . for which the verdict had been obtained; but so far was the case from being clear to the Jury who tried it, even although no evidence Was offered on behalf of the defendant that they took up, some hours- .to deliberate, plainly indicating much doubt. in the case upon the plaintiff's, own shewing ; what might have been „expeaed it there had been laid before them the evidence now laid before the Court upon the affidavits ? As to the confidence which the Attorney General ex pressed his clients to feel at the approaching trial for conspiracy, he had to say, with a firmness equal to that of the Attorney-General, that Colonel Wardle had as eager a desire for the arrival of the hour of that trial as the clients of Mr. Wright and his Witnesses ; and that whatever might be the event of this motion, the teas of this case would remain as they now stood. And he declared, on behalf of Col. Wardle, that this case was supported by the same conspiracy founded on the same perjury for which Colonel Wardle meant to bring the parties to justice. Mr. PARK and Mr. MARRYAT spoke ably on the same side ; after which, Lord ELLENBOROUGH said- 7 " I think that the Court would- establish a most danerous precedent, much to the disadvantage of the administration of justice, if this attempt to obtain a new trial were successful ; for then it would only remain for de fendants to lie by, to hear the case of the plain tiff, and; without bringing any evidence at tho trial, to make an application to the Court, on the ground of present capacity, to contradict the. faets sworn to at the trial, and require that the case might be heard a second time upon a motion for . a new trial, on the ground of 'he present capacity of the defendant, who had neglected to use ordimiry diligence in his defence at the trial. Whereas the Court, in granting a new trial, experts that tue party moving for it, should have used his opportunity of bringing forward his defence at the trial ; for the Court expeels that the party shall not be deficient in the ordinary 'and customary - attention to the sub ject of his defence at the trial. But where that attention is bestowt, and the party is afitually surprised, the Court, his Lordship, said, in case the party was actually surprised by the course which things had taken, was in the habit of granting a new tcial." But his Lordship asked what pretence of surprise existed in this case, in which a party, de termined to use ordinary diligence, might not have been prepared to meet the proof. Here his Lordship went ever all the heads of evidence which had been stated in the affidavits to be new in point of matter since the trial. That of Mr. Kirk, who stated fadts concerning the Plaintiff's having taken a house of bins for Mrs. Clarke. Colonel Wardle knew Kirk to be the landlord, and therefore there was no pretence for saying, that it was owing to sur prise at the trial that his evidence became necessary ; he was most naturally pointed out as a witness for the Defendant at the trial, if he wanted to prove the fats stated in bit affidavit; and as to what Mrs. Clarke swore at the trial, Colonel War (Re must be supposed to have contemplated his re lative situation with Mrs. Clarke, and therefore ought to be prepared to refute her testimony if s he swore any thing that was false, relative to what passed between him and the Plaintiff, in the pre sence of Major Dodd ; and as to the house which Mrs. Clarke occupied while Colonel Wardle was acquainted with her, nothing could be more natural than for him to look at the lease of the house, and then to have suptenaed the land lord, who would have related on the trial every thing which appeared in the affidavit on that subject. This was no ground of new trial on account of sur ptise, it was the effea of the defendant's negli gence, and this motion was in that respect ara application to the Court, not to administer re lief to diligence, or to vigilance, but to, negligence and supineness. As to the subject of the assu _ranee on the house being charged to the de fendant, he was apprised of that by the bill of particulars of the plaintiff's demand which had been delivered to him, and he might have been prepared to meet it at the trial ; and if the bill of par ticulars was defeaive, it must have been amended upon summons taken out before a Judge for that purpose, but that article was disallowed by the Jury. As to the discovery which had been made by Wright's answer to a bill which had been filed against him in Chancery, by which it had been said head mitted that Colonel . Wardle was - not charged in his books ; notice might have been given to - Wright to produce his books at the trial; or the bill in Chancery might have been filed sooner, injunc tion might have been obtained against Wright's proceeding at law, until the coming in of the answer to that bill, and, therefore, that could be no inducement to the Court to grant a new trial. For all these reasons; the ground did not appear to his Lordship to be made out; that the case at the trial came by way of surprise on the defendant, for there was nothing at the trial, to meet which the defend ant might not be reasonably expetted to be pre pared. As .to his not having actual communi cation. with his Counsel, he might most potenti ally have done so, by taking about twenty steps to come into Court ; for it was not doubted that he was walking in the Hall, and it appeared by the affidavits of his own witnesses, that they 'were di- reeled, by him, to appear in Court.; and this further appeared by Colonel Wardle's own letter. In short, the defendant knew the whole of the plaintiff's case, and might have been prepared to. meet it, so that there was no real ground for a new trial, and .if the Court should grant one, there would be infinite dan ger in the precedent, for which reasons his Lord ship was clearly of opinion that this rule ought to be ' discharged. Mr. Justice Gaosn was of the same opinion There was sufficient evidence given at the trial to sustain a verdict, and there was no pretence for,say ing that the Defendant had been by surprise, coose quently he ought to have been prepared to meet it; and if be had not, but took his chance by resting WA TS ag GREECE. Whoever has marked, with an attentive eye, the progress of Buonaparte, must have observed, t hat be sides pursuing that ordinary course of conquest and acquisition, which inordinate ambition never fails 10 inspire, he is actuated by a romantic passion for the restoration of ancient names and states, and an ardent desire to link his name to these, as their .. second founder. The new-formed ktngdoms or Etruria and Westphalia; the Iron Crown of CB:- lernagne, and the Sword of Francis the First, are all proofs of his devotion to this ruling passion, and. we may fairly conjeaure, that the influence which has hitherto governed this Comet, in its course, will still continue to dired its progress. Believing, then, that Buonaparte would even overstep the bounds of sound discretion, for the glory of resus citating-, in name and boundaries, , any famous em pire of antiquity ; bow much more are we to sup pose tie would be earnest in the accomplishment of such an objet, when it is reconcilable with the didates of the best policy, and accordant with all his other designs and wishes. When not only the fame of restoring the most celebrated pot, ton of the world to its' former dignity, .but the benefit of ex tending his maritime power, are centred in the same objea, we cannot doubt of its being enhanced in value, and by many degrees recommend .d to LAS most unremitting attention. Such is • the state ,A Greece, which, 'in the ap proaching partition of Turkey, offers a fair fi l iti tor. all that the chivalry or ambition of Napolethi could snggest. Here he at one s•Neep may embrace tbe whole circle of the coasts of Euro e, and r , .i 2 ,n b ole master, from the Baltic to the Dardanelles. 137 this the route to India is more open than - by ao other accession -of territory-. • In tire num,-,orless islands that form tile Aretiipehtgo, as well . as the cluster called the Sr,.. n isl,inds, in tile I,oniiul sea he will fithl thousand , of seainer, and :asi quanti ties of naval stores and ,material= . for sliii_b u i:Jtn.r.l,- . And, independent or all these :rcat ach,,Ant,ec3 tor present political ptarpthes, when --, e consider that he will also have it in' his power t,7 ratty his utmost vanity in the restoration Of Greece, a e lalltiOt.beSitatel for a moment, in supposing that i nis is an event to the fulfilment of u hich he would tun any risk) and make any sacrifice. Au,tria may be ratidAl .with Bosnia and part of Wallachia. Russia, with I the other half of WallaChia ana Aloida% la, to induo them to acquiesce in the transfer of Dalmatia AA i Greece to France. Servia will for some tie.e 0 1 permitted to exist as an independent state ; ow; I the race of the Ottomans may, perhaas, be allosse 3 i to wield 1 shortened sceptre over Bulimia, Romelt; I and the AsialiC provinces. Casting our eye up' the map, it immediately strikes (is - , that France is ! the only 'real gainer by this partition at the Turkish empire. She alone acquires an e ff ective popuia‘ non and physical strength, while Russia only add; an unproductive territory to' her already overgrown empire; and Austria is extending her boundaries towards the east of Europe, merely to make root" for the encroachments of France on the western land most valuable side of her hereditary states, During the voyage of the American schoov let Primeuer4 YEMDING, master, arrived at PeitzO c ` . in distress, the crew, consi,ting of master and 0131° ' whites, and .F.C'verk blacks, the latter had fcar....d ate desperate resolution of seizing the mate, t hrowin; him overboard, and running away with tha the master being then sick in his cabin; but for tu nately one, of them, the coOk,.discovered the plottime for the mate to arm himself.with two P'" c i and a hatchet, all the weapons he bad on hoard) a ll kept..them under till the Captain got better. Some idea of the extent of Norfolk farms may bl formed, when it is known that one occupier in t: • western disiria,• last year, expended more thatt 11001. foronly one sort of manure, brotight maw( miles, notwithstanding the immense quamity made at home; and The great number of sheep annually folded on the grounds., On another farm 4$ acres are consumed in roads across the lands. SHIP NEWS. GRAVESEND, NOVEMBER. 22. • Arrived—the Roebuck, Lowrey, trom it Inca ; Greyftv— from the Nediterrantan ; Favourite, Mitchel, fro, Malaga ; and the Hope, Gray, from Oporto. Sailed—the Nesbet, Brough, Lady Johnson, Richaasoll' Isle of Thanet,- Aitkins, Dick, M'l)onald, Centurion, V"' glas, Speculator, Lamboir, and Pierson, Robson, for lz" maica ; flare, for Oporto; Intrinsic, Phillips, fof Grenada ; General Craig, flarvie,lor Tobago; Aaive, Pic!, geon, for hliddleburgh ; Monmouth, Surlier, for Cork ; the Humphries, Hastings, for Yucaton. BIRTHS. Lately, at Ballinamona, in the County of Water ford, tilt Lady of Thomas Carew, Esq. of a Son and Heir. On Monday last, Mrs Thomas Tindal, of Aylesbury. I n the County of Buckingham, of a Daughter. 1,(4N1,;()N P nnitd by RICHARD HARRIS, of No. 4, Martlett-court, Bow-street ; and P ub lishe d' by VI; LLIAM ARMIG R SCRITPS, South Molton.street, G osvehc .square. At the SuN-Wricu, No. 11(2 , Strand; where Advertisements, Orders for the Paper Letters for the ecittor, &c. (post-paia), must btt athhessed. 1415 defence upon a speech to the Jury, without -call ing evidence, and afterwards repented of that course, and thought it would be better for him to have exa mined witnesses, the fault was his own, and that was no ground for granting a new trial. He agreed with his Lordship in the observations he made on the par ticulars of the evidence, and was clearly convinced, there ought to be no new trial in this case. Mr. Justice LE BLANC concurred with his Lord ship also.—Gave no opinion upon fads, but even supposing them to be such as to make it unjust t hat the plaintiff should retain the 10501. which was given to him by this verdi&, even that injus tice would not be so great an evil, as would be the danger of the precedent of . granting a new trial, in such a case as this; for it was contrary to all the rules which 'govern the administration of justice to grant a new trial for the purpose of prov ing fads which the party had it in his power to prove of the former trial, by a proper exertion of di ligence. Mr. Justice BAILEY agreed entirely with the rest of the Court in this case. Rule discharged. COURT OF COMMON PLEAS,Nov.22. 1 ASHLEY V. HAY AND OTHERS. Mr. Serjeant SHEPHERD moved the Court to set aside the verdia in this case. The aetion was brought by the Plaintiff to recover 2,01. of the De fendants for breach of cOntrad. . . It appeared that the Defendant and several others instituted a society to provide substitutes for frer sons drawn for the militia, and the Plaintiff, who was apprehensive of being drawn for :the Newport Division of the Shropshire Militia, paid a premium of tWo r gutneas and a halt for indemnity against such service. He received for . his money a policy,which indemnified him against the next ballot. W hen the ballot look place, ,a person was drawn who after wards proved too short, and he was discharged. At the next the Plaintiff was drawn, and the De fendants refused to provide a substitute, on the ground that he had not been drawn at the ensuing ballot, as specified in his policy ; under these cir cumstances he was compelled to provide a substitute at the expence of 401. half of _which was defrayed by the parish, At the trial of . the cause the Jury . found a,verdi& fur the Plaintiff. it was contended in support of the motion for setting aside the verdict, that the Defendants had . not contracted to insure the Plaintiff against the second ballot, which they considered a distill& trans action. Mr. Serjeant WILLI/vas supported the verdi&, and described the objection on the part of the De ' fendants to be a trick, too frequently praaised by so cieties for providing substitutes. Several cases were cited in support of the arguments on both sides, which the Court noted. Sir JAMES MANSFIELD appeared in- favOur of the • Plaintiff 's claim, but the Court did not give judg, ment. 'The other proceedings were of no public Im portance. ADMIRALTY COURT, DOCTORS' COMMONS. TUB:DAY, NOV. 14. The adjudication of the following cases has taken place : Litany, Silva, Master.—lt appeared that too gui- neas had been demanded of the Master of this ship for piloting her from off the Island of Portland, to the Downs, which was resisted, and a tender of 28 guineas made. The Court had the assistance of a Trinity Master, who was of opinion that the sum tendered was amply sufficient, and the' Court pro nounced for the same with costs. _ _ Eleanor, Hall, Master.---This was an appeal from a sentence of condemnation of the ship and cargo, .which passed in the Vice Admiralty Court of Hali fax. The vessel, on a voyage to Antigua, put into Halifax (az asserted by the Master) in a state of dis tress, where she was seized for a breach of the Na vigation Mt. The Court took time to consider its Sentence. The Managers of the private Theatre:in Kilkenny, have paid to the several charitable institutions in that town no less a sum than 1081. us. tid. being the produce otitheir late dilletanti performances. DEBATING SOCIETIES.—These miserable meet ings, which under pretence.of cultivating elocution, are in reality but hot-beds of delusion and sedition, imperiously call for the.most rigorous and prompt re gulation and controul. The placards and hand bills which they publish to gull their visitors, are both in decent and scandalous. One of. these has assumed to itself the censorship of the MagiStracy, and the right of discussion on the property of individuals ; another has most impudently proposed a question combined with a circumstance which has occasioned great distress in two worthy and respe&able families. It such proceedings are to be tolerated, to what length will they not be carried ! Are questions which are to become the subjeas of investigation by that palladium of England, a British Jury, to be pre maturely discussed by these twelve-penny TuLLY'S, these shirtlessCicaao's, these invisible Is° CRATES'S ? What a door ,for extortion will be opened, if matters of private-rights are to be bandied about by these half-starved reformers ! The bombast and pomp with which the solemn decisions of these ,sublime Forums areannounced iza their placards,rnight furnish a constant subject for laughter, if it were not painful to refleCt how easily the young mind is led away by the cant of liberty, which always flows in a full stream from the mouths and pens of these free thinking, free-speaking, and free-ateing gentle men. LONGEVITY.-Sk • ah Williams, in her 108th year, is now living in a small, but neat and comfortable little cottage, at the foot of the celebrated eminence, called Brent Torr, situated about half way between Tavistock and Lidford. Within these few years she has cut five teeth, three of which still remain, to gether with ten or twelve old ones. Her die! COll - principally of broths, and other nourishing things. She has had. twelve children, tbe elder of whom, now living, is in his 82d year, and is a -truns, old man. She is attended by a daughter, who is upwards of fit) years of ale. lAD. • On Sunday se'nnight, as Greystock, near Penrith, Robert Lancaster, Shoemaker, of Blencow, to Miss Sawyer, of Blackhall, near Carlisle. On Monday se'nnight, at Crosgate .Chapel, in Dnrbaril• Captain Swan, to Miss Briggs, of that City. On Sunday last, at Bishopsgate Church, Mr. R. Rictiard_sl Man's Mercer, Drury-lane, to Mrs. Richardson, of B P"isho gate street. • Yesterday morning, at St. Mary's, Lambeth, Dr. 1 31 `7,j Millonald, of County Terrace, Kent-road, to Harriet, daughter of Robert Rutter, Esq. of Chester.piace, nington, Surrey. a tt. The came day, at St. Andrew's, Joseph Yates Ce°,. t ix Esq. of Laris.iowr-place, to Susan, youn.,;et dauglite` John Pollard, Esq. of Bedford.row. D/An, • On Sunday last, at Swansea, Robert Hamilton, Esq• te of the Rev. Dr. Hamilton, of Bath, and o t E n(' 0- Sir W. Hamilton. On Monday, at Islington, Mr. john Stephens, of Th r°g' morton-street, ;:gecl 32. , • a t On Tuesday, to Leadenhall-strcet, Mrs'. Lucy Mat:o 4l, .the advanced age of 86. • On Wednesday, at her sister's, Mrs Reales, Corn wel l, Mrs. nn Lan Ligcun, aged • At th:: ho A use of to tznont- Colonel Young, conlm 'ar :'!! l . l'..* : the Royal •Artillery,at Cork, Peter Dusbri,iav, Esq , tam in the 4•Dth Re,;irnent ot Fcot, and Major - ot 1307;" c ''' the Forces to that Garrison, • - ex ICP, 0 iuc s i YESTE I.DA le-,, . I riiia Stick, '95 ; .2 t 94 i .. I Ll:ii,:.Bc.:::is, vi;, 2.9). P'• Excil, ntils, Its. 1.4• i't' ornnium, 21. pr. I In peri.d. 3 I.lr Ccr.t. 6' 1 Dino Ann. ~, -3 I Con s . for 7.Stli icst. 69 #,/..... Rank Stock, N,v, .5 per Cent. tor 1(1511.5 per Cent. 4 cnt, 83 8 4 3 ~er •. cot.'Red 69 687 / 69 3 ; !er Cent. Cons: 09.1 aK 1,. Ann. 18 9-1601 s